Emery v. Chesapeake & Ohio Railway Co.

After jury verdict for $51,500 in plaintiff’s favor in this negligence case, the trial judge granted defendant railroad judgment non obstante veredicto.. We review this judgment on plaintiff’s appeal, as we would a granted motion for directed verdict of no cause, by examining the proofs in the light most favorable to plaintiff to determine whether there were any proofs based upon which a jury properly could return a verdict for plaintiff. Barnebee v. Spence Brothers, 367 Mich 46.

Decision in this appeal has required our consideration of the circumstances in which a jury must be allowed to…